Big issue with atari-forum.com

[Brume]

Here is what I'm just coming to receive from your hosting domain name. I really don't know what to reply, but it's a real disaster:

Hello Bruno,

We are contacting you today following a recent copyright infringement notice. The notice is attached. We ask that you acknowledge your reception of this notice and ask that you either supply proof that you own the rights to the intellectual property (IP), or comply with the take-down request.

Failure to respond to this notice within 72 hours will result in the suspension of services. Failure to respond within 10 days following a service suspension will result in the termination of services.

NOTICE:

----------------------------------------------------------------
Atari, Inc.
475 Park Avenue South
12th Floor
NY, NY 10003

Tel: 212-726-6500
Fax: 212-726-4214
E-mail: us.legal@atari.com

12/16/2013

STEVE SHICKLES
4092 SOUTH MEMORIAL PKWY
STE 202
HUNTSVILLE
AL
US

Re: Infringement of Atari, Inc.?s/Atari Interactive, Inc.?s Trademarks and Other Rights

Dear STEVE SHICKLES:

I am writing on behalf of Atari, Inc./Atari Interactive, Inc. (?Atari?), which is one of the world?s most-recognized and leading interactive entertainment software companies. Atari is a global producer, publisher and distributor of interactive entertainment software for all market segments and all interactive game platforms.

Atari owns many valuable and famous trademarks, designs, and trade dress, including but not limited to the Atari word mark and Atari logo, which it uses to identify its Atari brand products (?Atari Marks?). Atari owns and/or controls the intellectual property, including copyright and trademark rights, associated with its entertainment software products. Atari owns and/or manages a portfolio of more than 200 games and franchises, including world renowned brands like Asteroids?, Centipede?, Missile Command?, Pong?, Test Drive?, Backyard Sports?, Ghostbusters?, and Rollercoaster Tycoon?. Atari also leverages the power of its franchises to deliver movies and merchandise to consumers around the world.

Atari is the owner of the well-known trademark and trade name . As you are undoubtedly aware, is the trademark used to identify products, services, activities and/or events related to Atari.

It has come to Atari?s attention that you have registered, without Atari?s permission or authorization, the domain name http://www.atari-forum.com/ (?Domain Name?). The Domain Name incorporates the famous mark in its entirety and suggests Atari?s sponsorship or endorsement of your website.

In view of Atari?s rights to the trademark , we ask that you immediately discontinue any and all use of the Domain Name and take steps to transfer the Domain Name to Atari.
This notice is not intended to be a complete statement of the facts or law in this matter. Nor is it intended to be a complete statement of Atari's positions, rights or remedies, legal or equitable, all of which are specifically reserved.
If you have any questions or wish to discuss this matter further, please contact me at the above-listed contact information.
Thank you.

Regards,


Kristen J. Keller
Executive Vice President & General Counsel


----------------------------------------------------------------

Thank you,

Chris Kimball
Alpha Hosting
866.963.0316

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--------------------------------------------
This ticket will be closed to keep our ticket-queue clean but once you reply it will re-open.

[Mug UK]

Not the first time it's been attempted on other sites that have Atari in the domain name. Here's one from 2011: http://www.gamingbus.com/2011/08/25/ata ... o-fanbase/

[exxos]

That is insane to say the least. So Atari want to pull the plug on thousands of people who are the real die-hard Atari fans all for the sake of a domain name.

Didn't the same thing happen to atari.org many years ago ?

[exxos]

http://atariage.com/forums/topic/186151 ... ay/page-21

[krupkaj]

I see it is here again. It is not so long when Fandal has got very similar mail.
They did not like even his subdomain of third level atari.fandal.cz. So he changed it to a8.fandal.cz eventually.

[Dal]

I just got a message from Brume via Facebook and saw this thread. This is not good news - 72 hours to turn this around ahead of a weekend will not be simple.

We can only write to Atari in the hope an innocent mistake has been made - as we are not using the name for commercial gain (purely as a way of identifying the brand of computer we are collectively enthused about), I can't really see why we can't come to an understanding. A precedent was set with AtariAge, so hopefully, we can see a way through this.

if not, then we will have to register a new domain name and spread the word via the other well known forums.

*edit* Just realised this was my 3000th post here - what a subject for that to land on

[bandit]

WTF!!!!

[darklight]

Find out what the action / outcome of the other atari websites (atariage? atari.org?) and get back to your hosting immediately with the information & ask for at least an extension.

Do not write to Atari - they are just exercising their trademark rights, because if you don't, you lose your trademark rights.

[exxos]

Find out what the action / outcome of the other atari websites (atariage? atari.org?) and get back to your hosting immediately with the information & ask for at least an extension.

http://atariage.com/forums/topic/186151 ... ay/page-21 that was the outcome.

[TheNameOfTheGame]

Yes, they need to allow an extension seeing as the weekend is coming. Oy Vey

[Dal]

I have written to Atari:

Hi,

I hope you are able to help us, I am writing on behalf of atari-forum.com - a community forum that has proudly spent the last decade or so providing a platform to enthusiasts of the Atari 16/32bit range of home computers (ST/TT/Falcon).

We have received a notification from our domain name provider that you have effectively issued a cease and desist notification based on our use of the Atari name in our registered domain.

Please see our thread where a copy of this notification has been posted: http://www.atari-forum.com/viewtopic.ph ... 68#p247068

I'm sure you can appreciate, the purpose of our community is to support and preserve Atari hardware products that are now considered vintage and we are not operating for any commercial reasons.

I ask you to review this decision and please let me know directly if you wish to proceed with your action. Our community strives on the love of Atari we have harboured for the past 30+ years, this cease and desist will only serve to give us all a bitter taste and a negative view of a company we have spent a large part of our lives supporting and honouring.

I hope we can reach a sensible understanding here. Your attention to this matter will be greatly appreciated.

it's worth a try. Perhaps they will take the same view as they did for other similar forums/sites. If they don't, well, we are in no worse a situation, just need to register a new domain name and get on with what we do.

[CiH]

Dal, that's a very reasoned and civilised approach. I hope Atari respond in a like fashion.

[Hippy Dave]

Maybe it is time to back-up atari-forum in case of disruptions or name changes.
Is there an ip-address that can be used if the domain name is lost?
Where will we be able to get atari-forum status if it were to go down for a while?

[Dal]

I have registered a new name just in case. If we go down, expect a post on AtariAge, DHS and the Facebook group.

[mdivancic]

I have registered a new name just in case. If we go down, expect a post on AtariAge, DHS and the Facebook group.

What Facebook group?

[Dal]

https://www.facebook.com/groups/115708225120589

[Adoru]

It's a shame

[wongck]

Thanks Dal for speaking up for us all here.

I hope a good reply from the lawyers.

[Xerus]

What a bad news
I hope a solution will be found.

[mdivancic]

https://www.facebook.com/groups/115708225120589

Wow, I would have never guessed. Seriously, doesn't look like anything related to these forums.

[[ProToS]]

Bad news indeed ...

[darklight]

Find out what the action / outcome of the other atari websites (atariage? atari.org?) and get back to your hosting immediately with the information & ask for at least an extension.

http://atariage.com/forums/topic/186151 ... ay/page-21 that was the outcome.

Yeah (sorry I didn't read the link first time round) - so what I meant was take this & show it to the hosting company, make them realise that Atari may back down on this, and this should at least be enough to remove the time constraint?

[catmando]

Let me know if you need a new logo putting together (hopefully not), I'll work one up for the header on the Facebook page too. Good luck

[DarkLord]

It's really hard for me to fathom this kind of mentality sometimes. I fully understand
wanting to protect your intellectual property and brand name but sheesh...

Makes me want to change my BBS's name from "DarkForce" to "DarkAtari" and see if
they will come after me...

[Brume]

Thanks to all for your support. I contacted the registrar in order to obtain a delay.
Here is my message:

Hello Chris,

Thanks for your message.
Atari-forum.com is a Forum made by fans for fans. We don't sell anything and we don't operate for any commercial reasons. The Forum is related to old Atari hardware (mainly done in the 80's). It has nothing to do with current Atari activities. You host the domain name since 2002 and this is the first time Atari is contacting you/us, I really don't understand why it happens so late after the opening of the Forum.
We are contacting Atari in order to find a solution. I still hope it's a mistake. We are waiting for a reply.
Can you consider to extend the deadline of suspension of services? 72 hours is really short, since the week-end is near. I don't think we will receive an answer from Atari shortly, so may I ask you to extend the deadline to one week, at least?
Thanks again for your message and your understanding.
Best regards,

Bruno Mathieu

And here is the reply I got:

Hello Bruno,

Unfortunately any trademark infringement notice received from the legal team of a trademark
holder must be acted upon.

It may be best to allow the suspension in order to ensure that you are not subject to any legal
repercussion from Atari regarding this matter until you have reached a resolution.

I will place this support request on hold pending further updates.

Thank you,
William Cawthron
Alpha Hosting
866.963.0316